Bombay High Court Upholds Removal of Woman Sarpanch for Misconduct
The Bombay High Court recently confirmed the removal of Pratima Gaikar, a woman Sarpanch, asserting that ignoring misconduct would undermine the goal of women empowerment in democratic governance.
Court’s Decision
Justice NJ Jamadar overturned the orders of Maharashtra’s Rural Development Minister, who had previously decided not to remove Pratima Gaikar, stating that her removal would contradict the concept of women empowerment. The court was reviewing a plea challenging this decision, which was made on May 26, 2022.
The court emphasized, “The reason given by the Rural Development Minister that unseating a democratically elected woman Sarpanch would be contrary to the policy of woman empowerment cannot be accepted.”
Misconduct and Empowerment
The court highlighted that empowering women through political representation is crucial for grassroots democracy. However, condoning misconduct under the guise of promoting women’s interests would defeat the purpose of empowerment. The removal of an office bearer for proven misconduct is necessary to uphold public interest and strengthen democratic values.
Justice Jamadar further noted that the post of Sarpanch in Ambivali village is reserved for a woman. Thus, even after Gaikar’s removal, another woman could be elected, ensuring continued female representation.
Background of the Case
Pratima Gaikar was directly elected in the 2019 elections and served as the Chairperson of the Village Water Supply and Sanitation Committee. According to government resolutions, the committee’s bank account should be operated by the Chairperson along with the appointed Asha Sevika. However, Gaikar violated this rule by withdrawing ₹15,549 with an Anganwadi Sevika instead.
The Divisional Commissioner deemed this action as gross misconduct, leading to Gaikar’s removal from her post on April 19, 2022. However, the Rural Development Minister later overturned this decision, citing women’s empowerment as the reason.
Court’s Final Ruling
Upon reviewing the case details, the Bombay High Court quashed the Minister’s decision and upheld the Commissioner’s order to remove Gaikar from her position. The court concluded that holding office bearers accountable for misconduct is essential for maintaining integrity in public office and promoting genuine empowerment.
By reinforcing the importance of accountability, the Bombay High Court’s decision serves as a reminder that true empowerment includes upholding ethical standards and democratic principles.
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